Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Instrument 2017 (Cth)
Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Instrument 2017
I, Russell Reichelt, as delegate of the Great Barrier Reef Marine Park Authority, make the following instrument.
Dated 17 July 2017
Russell Reichelt
Chairperson
Great Barrier Reef Marine Park Authority
Contents
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 2
4............ Schedules...................................................................................................................... 2
Schedule 1—Amendments commencing first 3
Part 1—Amendments of provisions other than enforcement provisions and boundary descriptions 3
Whitsundays Plan of Management 1998 3
Part 2—Amendments of enforcement provisions 39
Whitsundays Plan of Management 1998 39
Part 3—Amendments affecting boundary descriptions 47
Whitsundays Plan of Management 1998 47
Schedule 2—Amendments relating to significant bird sites 172
Part 1—Amendments of provisions other than enforcement provisions and boundary descriptions 172
Whitsundays Plan of Management 1998 172
Part 2—Amendments of enforcement provisions 174
Whitsundays Plan of Management 1998 174
Part 3—Amendments affecting boundary descriptions 176
Whitsundays Plan of Management 1998 176
Schedule 3—Amendments relating to aircraft taxiing near Whitehaven Beach 180
Part 1—Amendments of provisions other than enforcement provisions 180
Whitsundays Plan of Management 1998 180
Part 2—Amendments of enforcement provisions 181
Whitsundays Plan of Management 1998 181
Schedule 4—Amendments commencing 1 January after the commencement of Schedule 1 182
Whitsundays Plan of Management 1998 182
1 Name
This instrument is the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Instrument 2017.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | 20 July 2017 |
| 2. Schedule 1 | At the same time as the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Regulations 2017 commence. However, the provisions do not commence at all if those Regulations do not commence. | |
| 3. Schedule 2 | A single day to be fixed by the Chairperson by notifiable instrument. However, if the provisions do not commence within the period of 18 months beginning on the day after this instrument is registered, they commence on the day after the end of that period. | |
| 4. Schedule 3 | A single day to be fixed by the Chairperson by notifiable instrument. However, if the provisions do not commence within the period of 18 months beginning on the day after this instrument is registered, they commence on the day after the end of that period. | |
| 5. Schedule 4 | The first 1 January after the commencement of the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Regulations 2017. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under Part VB of the Great Barrier Reef Marine Park Act 1975.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments commencing first
Part 1—Amendments of provisions other than enforcement provisions and boundary descriptions
Whitsundays Plan of Management 1998
1 Foreword
Repeal the Foreword, substitute:
Foreword
The Great Barrier Reef Marine Park Authority acknowledges the continuing sea country management and custodianship of the Great Barrier Reef by Aboriginal and Torres Strait Islander Traditional Owners whose rich cultures, heritage values, enduring connections and shared efforts protect the Great Barrier Reef for future generations.
The Great Barrier Reef is recognised internationally as a World Heritage Area under the World Heritage Convention, and nationally as having 6 of the 7 matters of national environmental significance listed in the Environment Protection and Biodiversity Conservation Act 1999. These matters are: World Heritage properties, the Great Barrier Reef Marine Park, National Heritage places, Commonwealth marine areas, listed migratory species and listed threatened species and ecological communities.
The legislative and planning framework protecting these significant values and managing use within the Planning Area sits primarily in the Great Barrier Reef Marine Park Act 1975 (the Act). This Plan regulates some matters mentioned in the Great Barrier Reef Marine Park Zoning Plan 2003 (the Zoning Plan), but does not otherwise affect the Zoning Plan.
The Great Barrier Reef Marine Park Authority (the Authority) has prepared the Whitsundays Plan of Management 1998 (the Plan) to protect and conserve the values of the Whitsunday Planning Area (the Planning Area) while allowing for a range of experiences and reasonable opportunities for access and use. The Planning Area includes the marine area around the Whitsunday Island Group and the offshore Hardy Reef Unit within the Great Barrier Reef Marine Park. The Planning Area is geographically described in Schedule 1.
Traditional Owners have recognised the outstanding value of the Great Barrier Reef since it formed 8,000 to 12,000 years ago. Across the Planning Area, Traditional Owners maintain their connection to land and sea country including the coast on the adjacent mainland, island areas, the Great Barrier Reef and its natural resources. The recorded sightings of Traditional Owners by James Cook in 1770 and the distinct Aboriginal rock art near Nara Inlet enrich Australia’s history and heritage for this unique region.
The Planning Area makes up 1% of the total area of the Great Barrier Reef Marine Park. Recognised as a significant presentation area for Great Barrier Reef world heritage values, it is a showpiece tourism destination for Queensland. Receiving more than 40% of all visitors who travel to the Great Barrier Reef, over 1,000,000 tourists visited the Planning Area in 2016.
Visitors are attracted by the spectacular scenery of the numerous islands (most of which are State‑managed national parks), fringing inshore reefs and offshore reefs. The reefs and islands support a diverse range of animal and plant life. These include protected species such as humpback whales, marine turtles, beach stone‑curlews and Proserpine rock‑wallabies. The Planning Area and its adjacent islands hold pre‑recorded history of traditional use by Traditional Owners as well as sites of importance in the history of European presence, including several historically significant shipwrecks.
Tourism and recreation are the major uses of the Planning Area. The Whitsundays tourism industry supports a broad range of operation types with most visitors travelling on crewed vessels including day trips and overnight sailing operations. Other tourism use includes bareboats (uncrewed), scenic aircraft flights and cruise ships. The area is very popular for recreational sailing, snorkelling, fishing and accessing adjacent islands. An indication of its popularity is the continuing growth in recreational vessel registrations for the adjacent coastal communities. The area is also used for commercial fishing, research, education and traditional uses.
The Great Barrier Reef Marine Park and particularly the Planning Area is facing increased pressures which can impact on the resilience of the ecosystems and the services and values they provide to the community. One of the key objectives of the Plan is to balance the protection of a wide range of significant values with ongoing ecologically sustainable use by multiple users. The Plan is intended to reduce or eliminate threats to the values of the Great Barrier Reef Marine Park, including the following values:
(a) nature conservation values;
(b) cultural and heritage values;
(c) community (including scientific) values.
Part 1 of the Plan outlines the values, issues and management strategies. Part 2 contains the enforcement provisions to enact key strategies. These are considered within the context of managing the entire Great Barrier Reef Marine Park.
Effective management is achieved through review of the Plan in response to new information and changing uses. To date, the Plan has been amended in 1999, 2002, 2005, 2008 and 2017. The key considerations in the 2017 amendments are:
(a) updating the Part 1 provisions to better align with current strategic management; and
(b) increasing flexibility of access for user groups, particularly superyachts (more than 35 metres to less than 70 metres in overall length) and motorised water sport users, while maintaining a range of experiences for all visitors (i.e. remote to developed); and
(c) expanding regular seaplane landing areas to address practicality concerns for take‑off and landings and increased opportunities for daily scenic flights; and
(d) ceasing reef walking as a permitted activity.
The Authority will continue to make amendments to the Plan as required, subject to statutory requirements.
Successful management is achieved through ongoing partnerships. Traditional Owners, all levels of government (particularly the Joint Field Management Program arrangements with the Queensland Parks and Wildlife Service), the tourism industry, other industries and the local community all contribute to the continued recognition and management of the Planning Area. To ensure use of the Planning Area can occur without threatening the values of the Great Barrier Reef Marine Park, the Authority encourages the Plan to be complemented by widespread use of responsible reef practices and cooperative working arrangements.
2 Clause 1.2
Repeal the clause, substitute:
1.2 Application of this Plan
This Plan applies to the area of the Great Barrier Reef Marine Park (the Marine Park) inside the Whitsunday Planning Area (the Planning Area).
3 Subclause 1.3(1)
Repeal the subclause, substitute:
(1) The intent of this Plan, in conjunction with other management mechanisms, is to protect and conserve identified values, and world heritage values, of the Marine Park and Planning Area, while allowing for reasonable opportunities to access and use the Planning Area having regard to the precautionary principle.
Note 1: For world heritage values, see section 528 of the Environment Protection and Biodiversity Conservation Act 1999 (which is relevant because of subsection 3(1A) of the Great Barrier Reef Marine Park Act 1975 and subsection 13(1) of the Legislation Act 2003).
Note 2: For precautionary principle, see subsection 3(1) of the Act (which is relevant because of subsection 13(1) of the Legislation Act 2003).
4 Paragraph 1.3(2)(a)
Omit “scientific values”, substitute “scientific values,”.
5 Paragraph 1.3(2)(f)
Omit “wide”.
6 Subclause 1.3(3)
Repeal the subclause.
7 Subclauses 1.4(2), (3) and (4)
Repeal the subclauses, substitute:
(2) A reference in this Plan to a reef or other place, followed by an identification number (for example, “Bird Island 20‑019a”), is a reference to the reef or place depicted and numbered in:
(a) the map titled MPZ10—Whitsundays, published by the Authority in April 2011; or
(b) the map titled Special Edition—Whitsunday Group, published by the Authority in September 2011.
(3) There are discrete boundaries for Locations described in Schedule 3.
8 Clause 1.4 (notes 1, 2 and 3)
Repeal the notes, substitute:
Note 1: The intertidal areas and most of the islands are managed by the Queensland Government.
Note 2: The Commonwealth island of Eshelby Island 20‑012 and the southern part of Dent Island 20‑058c, and their intertidal areas, are managed by the Authority.
9 Divisions 2 and 3 of Part 1
Repeal the Divisions, substitute:
Division 2—Overview of values of the Planning Area
1.5Overview
(1) For the purposes of the Plan, the values of the Planning Area have been grouped into 3 categories:
(a) nature conservation; and
(b) cultural and heritage; and
(c) community (including scientific).
Note: Although the values have been grouped into 3 categories, it is noted that the values are interrelated and overlap. Values constantly evolve over time and are not static. Values (a) and (b) align with the objects of plans of management within the Act and value (c) has been incorporated and termed community values consistent with a broader range of objectives in the plan of management and the Act.
(2) This Division and Divisions 2A, 2B and 2C outline the values and associated issues specific to the Planning Area, as well as the management strategies to address them to ensure ecologically sustainable use.
(3) Aboriginal and Torres Strait Islander Traditional Owners have continuing connections to traditional clan estates which are areas of great importance historically, culturally, socially and economically. This connection has been maintained despite a dynamic environmental shift during the last significant sea level rise (between 12,000 and 8,000 years ago), an altered state of living since European occupation and the modern use of marine and coastal environments. The Authority recognises that as custodians Traditional Owners have unique responsibilities, shared conservation interests and contrasting perspectives for some of the values and uses in the Planning Area.
(4) Climate change, land‑based run‑off, coastal development and some remaining impacts from fishing present threats to the Planning Area at a broader scale. Strategies for managing these threats are presented in the Reef 2050 Long‑Term Sustainability Plan (the Reef 2050 Plan).
(5) Increased visitation from vessels that have travelled internationally also presents the potential for increased biosecurity risks. Australia’s National System for the Prevention and Management of Marine Pest Incursions (including the Biosecurity Act 2015) aims to prevent new marine pests arriving, guide responses when a new pest does arrive and minimise the spread and impact of pests already established in Australia.
(6) The Planning Area is a complex natural system with multiple uses that is subject to successive and combined impacts on the environment (direct harm to marine life, reduced water quality and scenic amenity). This can also lead to adverse impacts on reef‑dependent enterprises. Managing the cumulative impacts presents a challenge requiring a strategic approach with practical decision‑support tools and methods together with supporting policy mechanisms (relating to offsets and net benefits) and stewardship.
Note: The Reef 2050 Plan’s Draft Cumulative Impact Management Policy, Draft Net Benefit Policy and Draft Offset Guideline for the Great Barrier Reef provide a systematic and consistent approach to achieve overall net benefit to the Great Barrier Reef.
Division 2A—Nature conservation values
Subdivision 1—Overview of nature conservation values
1.6 Overview
(1) Nature conservation values of the Planning Area that the Authority considers are, or may be, threatened include the following:
(a) water quality;
(b) corals and associated biota;
(c) habitats and marine animals;
(d) birds nesting or roosting in, or adjacent to, the Planning Area.
(2) To reduce or eliminate the threats to nature conservation values in the Planning Area, areas of unique or outstanding value have been assigned high levels of protection and, in some cases, access is limited in some areas.
Subdivision 2—Water Quality
1.7A Values
(1) The Authority has identified the following values relating to water quality in the Planning Area.
(2) Water in the Planning Area has long been a natural resource of significance to Traditional Owners, their spirituality and their physical health. From prehistoric to contemporary times saltwater areas and freshwater sites are regarded for their diversity in use and value. This includes language and place names, songlines, storylines, intimate traditional ecological knowledge, social enjoyment, historic travel and trade routes, access and use of coastal fishing places, fish traps, hunting grounds and traditional estates.
(3) Good water quality is essential for the optimal functioning and resilience of the ecological systems and the marine life they support.
(4) The clarity of water has supported the growth of a substantial tourism industry. Reef dependent industries receive direct economic benefits from a healthy reef ecosystem that is dependent upon good water quality.
(5) Water clarity is important for the enjoyment of, and satisfaction with, the environment. It is also important for safety, particularly diver safety.
1.7B Issues
(1) The Authority has identified the following issues relating to water quality in the Planning Area.
(2) Changes to water quality may affect the cultural and spiritual values held by Traditional Owners, the way they interact with water and how they use the natural resources that depend on it.
(3) Reduced water quality impacts on the condition of physical, chemical and ecological processes.
(4) Reduced underwater visibility can adversely impact on tourism operators and visitor experience.
(5) Broadly, factors adversely impacting on the water quality are as follows:
(a) land‑based run‑off;
(b) extreme weather events;
(c) coastal development;
(d) direct use from activities including the following:
(i) tourism;
(ii) use of ports;
(iii) shipping;
(iv) fishing;
(v) agricultural activities;
(vi) development.
(6) The Proserpine River directly influences water quality in the Planning Area. Nearby O’Connell, Pioneer, Plane, Burdekin and Fitzroy rivers also influence the water quality in the Planning Area. Potential sources of pollution from these river catchments include sediment, agricultural chemicals and fertilisers, discharge of treated sewage, marine debris and other chemicals including antifouling paint and fuel residues.
(7) There are potential impacts to marine life from the Planning Area’s complex hydrodynamics which can cause settled sediments to re‑suspend.
(8) The exchange of ballast water has the potential to impact on water quality.
Note 1: The acceptable area for ballast water exchange is 12 nautical miles from the outer edge of the Great Barrier Reef under the International Convention for the Control and Management of Ballast Water and Sediments.
Note 2: Further information on ballast water exchange is available in the Australian Ballast Water Management Requirements Version 6 available at Strategies
(1) Work in partnership with Traditional Owner groups whose sea country includes the Planning Area to formalise their aspirations for sea country relating to water quality.
(2) Encourage investigation of the complex hydrodynamics in the Planning Area including the retention and resuspension of turbid water.
(3) Encourage investigation into the impacts of anchoring including chain swing at high‑use sites within and adjacent to the Planning Area.
(4) Encourage investigation of the effectiveness of current marine monitoring sites within the Planning Area.
(5) Monitor the water quality parameters identified in the Water Quality Guidelines for the Great Barrier Reef Marine Park and promptly respond where trigger values are exceeded.
Note: The Water Quality Guidelines for the Great Barrier Reef Marine Park are available at (6) Monitor and improve management practices and the quality of water entering the Planning Area, and the Marine Park, under the Reef Water Quality Protection Plan 2013 through partnerships with the Commonwealth and Queensland governments, the Regional Natural Resource Management body and agricultural industries as part of the commitment.
(7) Apply the Dredging and Dredge Spoil Material Disposal Policy for the management of dredging and disposal of dredge spoil material in the Marine Park.
Note: The Dredging and Dredge Spoil Material Disposal Policy is available at (8) Encourage education and community awareness, stewardship and best practice for protecting or improving water quality through partnerships with the Commonwealth, Queensland and local governments, land holders and industry groups.
(9) Encourage vessel operators to obtain up‑to‑date management guidance and comply with inspection requirements to prevent and manage incursions from marine pests in Australia prior to entering the Planning Area.
Note: Information on Australia’s National System for the Prevention and Management of Marine Pest Incursions is available at (10) Encourage the management of vessels and movable structures within the Planning Area in a manner that avoids the accumulation of biofouling.
Note: Information on the National biofouling management guidelines and the Anti‑fouling and in‑water cleaning guidelines is available at and associated biota
1.8A Values
(1) The Authority has identified the following values relating to corals and associated biota in the Planning Area.
(2) Corals and associated biota are of great cultural, spiritual and social importance especially to Traditional Owners.
(3) The relatively clear waters of the northern part of the Planning Area have allowed for the growth and development of extensive and diverse reef structures and corals that are uncommon on fringing reefs.
(4) Coral reefs vary considerably from fragile hard and soft coral communities to species‑poor muddy reefs. The reefs significant for larval dispersal include but are not limited to those adjacent to Harold, Haslewood, Lindeman and Shaw Islands.
(5) A previously undescribed coral species (Goniastrea sp.) has been recorded at Double Bay, and a species of sponge (Rhabderemia sorokinae) has been recorded at Deloraine Island reef. They are believed to have a limited geographic distribution.
1.8B Issues
(1) The Authority has identified the following issues relating to corals and associated biota in the Planning Area.
(2) Fringing reefs around islands are limited throughout the Marine Park and are well represented in the Planning Area.
(3) The accessibility of fringing reefs make them vulnerable to degradation from excessive human use, including but not limited to anchoring, fin damage from diving and snorkelling, reef walking and collecting.
(4) The slower rate of coral recovery following natural disasters suggests recruitment and recovery from any future disaster may be reduced or take a long time.
(5) Coral and associated biota health is diminished with poor water quality influenced by land‑based run‑off, coastal development and intensified adjacent marine traffic.
(6) Outbreaks and high densities of the native predatory crown‑of‑thorns starfish and Drupella marine snails can cause significant coral damage and have a negative impact on the ecological composition of species representation.
(7) Coral and associated biota health has been affected by coral bleaching in the past and this is predicted to increase in the future.
(8) Coral disease is being increasingly observed and is predicted to increase in the future.
1.8C Strategies
(1) Work in partnership with Traditional Owner groups whose sea country includes the Planning Area to formalise their aspirations for sea country relating to coral and associated biota.
(2) Identify and prioritise coral reefs when determining management responses.
(3) Monitor the health and resilience of corals and associated biota and modify and/or implement management measures as required.
(4) Cease the activity of reef walking as part of a permitted activity.
(5) Continue to establish no‑anchoring areas at sites susceptible to anchor damage and where possible delineate the boundaries of these areas with reef protection markers (see subclause 2.12(3)).
Note: No‑anchoring area locations are detailed in the Regulations.
(6) Continue to provide public moorings where appropriate.
Note: Locations of public moorings are available at (7) Anchor with due care to avoid damaging coral and to use moorings when and where they are available.
Note 1: Private moorings can be used with prior agreement of the owner. Location and permittee details of private moorings are available at 2: Information about responsible reef practices for anchoring and mooring is available at (8) Prohibit a person from damaging coral in the Planning Area (see clause 2.12).
(9) Restrict large vessels and large ships to specific anchorage areas (see clause 2.4).
(10) Cap the number of relevant permissions for tourism operations that can anchor daily in the Planning Area.
(11) Manage and limit areas for high‑speed vessels and motorised water sport to minimise potential impacts with coral reef (see subclauses 2.8(1) to (4)).
(12) Discourage drifting of vessels to avoid potential impacts with coral reefs.
(13) Continue to have harvest fisheries and aquaculture operations occur outside the Planning Area.
(14) Encourage tourism operations to apply for permissions to assist with controlling outbreaks of predatory marine species such as the crown‑of‑thorns starfish and Drupella marine snails.
(15) Provide guidance about dredging coral reef habitat to persons who are operating a facility or carrying out works for the development of marine infrastructure.
Note: The policy Dredging coral reef habitat ‑ operating a facility or carrying out works for the development of marine infrastructure is available at (16) Require a relevant permission for the taking of coral under the Zoning Plan.
Note: Taking coral (including damaging or collecting coral) requires a relevant permission under the Zoning Plan. See the definition of taking in the Zoning Plan available at meadows, dugong and marine turtles
1.9A Values
(1) The Authority has identified the following values in relation to seagrass meadows, dugong and marine turtles in the Planning Area.
(2) Dugong, marine turtles, their habitats and lifecycles are of significant cultural, spiritual and social importance, especially to Traditional Owners.
(3) The Planning Area includes seagrass meadows at Repulse Bay, bays surrounding Whitsunday Island such as Tongue Bay, and mainland coastal bays such as Shoal Bay. Seagrass meadows are important habitats for dugong and green turtles as they provide a critical food source and important nursery habitat for a variety of marine life.
(4) Several threatened species of marine turtles inhabit the Planning Area.
1.9B Issues
(1) The Authority has identified the following issues relating to seagrass meadows, dugong and marine turtles in the Planning Area.
(2) Seagrass meadows throughout the Marine Park are facing increased pressure from poor water quality, and habitat loss and modification, resulting from increased land‑based run‑off, coastal development, marine traffic, intensity of extreme weather events, sea surface temperature and sea level rise.
(3) Dugong and marine turtles are adversely impacted (injury and death) by underwater noise, vessel strike, incidental capture or ingestion of marine debris.
(4) Marine turtle nesting sites adjacent to the Planning Area are vulnerable to human interference and hatchlings can be impacted by artificial light sources both on land and in the water when trying to access the ocean and navigate away from the beach.
1.9C Strategies
(1) Work in partnership with Traditional Owner groups whose sea country includes the Planning Area to formalise their aspirations for sea country relating to seagrass meadows, dugong and marine turtles.
(2) Enforce the Zoning Plan requirements for taking of protected species.
Note: Section 5.3 of the Zoning Plan refers to the entry to zones for the purpose of taking protected species. See the definition of taking in the Zoning Plan available at (3) Enforce the limits in the Zoning Plan and Regulations on netting and bait netting activities by commercial fishers particularly within the Species Conservation (Dugong Protection) Special Management Areas (Repulse Bay and Edgecumbe Bay).
(4) Encourage the use of responsible reef practices around dugong and marine turtles.
Note:Information about responsible reef practices around turtles is available at (5) Ensure the conditions of a permission for any new private mooring require the mooring to be designed, placed and installed in a way that assists the surrounding habitat and its ecological process to be maintained (see subclause 1.27(6)).
(6) Continue to provide public moorings where appropriate.
Note: Locations of public moorings are available at (7) Encourage the community to minimise the source and occurrence of marine debris in the Great Barrier Reef through education, clean‑up activities and the development of source reduction plans.
(8) Manage and limit areas for high‑speed vessels and motorised water sport to minimise potential impacts with dugong and marine turtles (see subclauses 2.8(1) to (4)).
Subdivision 5—Whales and dolphins
1.10A Values
(1) The Authority has identified the following values relating to whales and dolphins in the Planning Area.
(2) Whales and dolphins, and their habits and life cycles, are of significant cultural, spiritual and social importance, especially to Traditional Owners.
(3) The Planning Area is an important calving ground for humpback whales which migrate north from the Southern Ocean during winter.
(4) Several species of dolphins inhabit the area, including the protected Australian snubfin dolphin and the Australian humpback dolphin.
1.10B Issues
(1) The Authority has identified the following issues relating to whales and dolphins in the Planning Area.
(2) Whales and dolphins may be disturbed by vessels and aircraft at close range.
(3) Whales and dolphins are occasionally injured by vessels.
(4) Ingestion of marine debris and entanglement in fishing nets are threats to whales and dolphins.
1.10C Strategies
(1) Work in partnership with Traditional Owner groups whose sea country includes the Planning Area to formalise their aspirations for sea country relating to whales and dolphins.
(2) Encourage the use of responsible reef practices around whales and dolphins.
Note:Information about responsible reef practices around whales and dolphins is available at (3) Protect whales from approaching vessels and aircraft by enforcing the restrictions under the Regulations on the operation of vessels and aircraft near whales, including the restrictions that apply in the Whitsunday Whale Protection Area (which includes most of the Planning Area).
(4) Manage and limit areas for high‑speed vessels and motorised water sport to minimise potential impacts with whales and dolphins (see subclauses 2.8(1) to (4)).
(5) Encourage the community to minimise the source and occurrence of marine debris in the Great Barrier Reef through education, clean‑up activities and the development of source reduction plans.
(6) Apply the Authority’s operational policy to address the interaction of vessels, aircraft and people, with whales and dolphins.
Note: The Authority’s Operational Policy on Whale and Dolphin Conservation in the Great Barrier Reef Marine Park is available at Values
(1) The Authority has identified the following values relating to birds nesting, feeding or roosting in the Planning Area.
(2) Birds and their nesting, feeding and roosting areas are of significant cultural, spiritual and social importance, especially to Traditional Owners.
(3) Many migratory seabirds and shorebirds that visit the Planning Area and adjacent islands are recognised internationally under the Japan‑Australia Migratory Bird Agreement (the JAMBA), the China‑Australia Migratory Bird Agreement (the CAMBA) and the Republic of Korea—Australia Migratory Bird Agreement (the ROKAMBA).
(4) The following species are particularly important:
(a) beach stone‑curlew (Esacus magnirostris);
(b) eastern curlew (Numenius madagascariensis);
(c) black‑naped tern (Sterna sumatrana);
(d) bridled tern (Onychoprion anaethetus);
(e) crested tern (Thalasseus bergii);
(f) lesser crested tern (Thalasseus bengalensis);
(g) eastern reef egret (Egretta sacra);
(h) pied cormorant (Phalacrocorax varius);
(i) pied imperial pigeon (Ducula bicolor);
(j) osprey (Pandion haliaetus);
(k) white‑bellied sea eagle (Haliaeetus leucogaster).
(5) Birds are particularly plentiful from October to March, when thousands of waders and seabirds migrate to the Planning Area to nest.
(6) There are a number of significant bird sites in the area (see Schedule 6).
1.11B Issues
(1) The Authority has identified the following issues relating to birds nesting, roosting, or feeding in the Planning Area.
(2) Seabirds nesting in colonies and roosting on sand spits, and shorebirds feeding at mudflats, are susceptible to disturbance from human activity.
(3) Ingestion of, and entanglement by, marine debris are threats to seabirds and shorebirds.
1.11C Strategies
(1) Work in partnership with Traditional Owner groups whose sea country includes the Planning Area to formalise their aspirations for sea country relating to birds and their nesting, roosting, and feeding areas in the Planning Area.
(2) Encourage use of responsible reef practices when visiting islands and observing seabirds.
Note 1: Significant bird sites are identified in Schedule 6 and restrictions on activities at these sites are set out in clause 2.11. These restrictions are consistent with the Guidelines for Managing Visitation to Seabird Breeding Islands available at 2: Details of responsible reef practices around bird watching are available at (3) Continue to monitor and develop bird conservation measures within the Planning Area.
(4) Protect shorebirds and migratory birds within significant bird sites from approaching vessels and aircraft, particularly during vulnerable periods (see clause 2.11 and Schedule 6).
Note: The strategies developed in this Plan support the Wildlife Conservation Plan for Migratory Shorebirds, the Environment Protection and Biodiversity Conservation Act 1999, the JAMBA, the CAMBA and the ROKAMBA. These can be found at (5) Encourage the community to minimise the source and occurrence of marine debris in the Great Barrier Reef through education, clean‑up activities and the development of source reduction plans.
Division 2B—Cultural and heritage values
Subdivision 1—Overview of cultural and heritage values
1.12 Overview
(1) Heritage values in the Planning Area are the following:
(a) Traditional Owner cultural heritage;
(b) historic heritage;
(c) World Heritage and National Heritage;
(d) scenic amenity including aesthetics.
(2) These values may be at risk from activities within and adjacent to the Planning Area. The Authority has prepared a heritage strategy, developed in accordance with the requirements of the Environment Protection and Biodiversity Conservation Regulations 2000.
Note:The document published by the Authority and entitled Great Barrier Reef Marine Park Heritage Strategy 2005 is available at Owner cultural heritage
1.13A Values
(1) The Authority has identified the following values relating to Traditional Owner Cultural Heritage in the Planning Area.
(2) Across the Planning Area cultural heritage values are unique, dynamic, diverse and living as they are valued by Aboriginal and Torres Strait Islander Traditional Owners. The values are inherited from past generations and by maintaining those cultural heritage values today, the ancient responsibility to manage land and sea areas for future generations continues. Cultural heritage is broad and is expressed through spiritual and cultural affiliations with a site or area and through activities undertaken in accordance with customs and traditions.
(3) Values include the traditional land and sea country areas, significant places, sacred sites and the resources that Traditional Owners use, value or connect with. This can also include culturally important symbols or objects.
(4) Areas adjacent to the Planning Area include evidence of the history of Traditional Owner occupation and use of the islands and surrounding waters including a quarry of international significance on South Molle Island, a nationally significant rock art site at Nara Inlet on Hook Island, other rock art sites, middens and stone fish traps.
(5) The relationship of the Traditional Owners with the marine and natural environment is demonstrated by the continuing practice of customs and traditions across sites or areas significant to them.
(6) Traditional knowledge is safeguarded by Traditional Owners and transferred and communicated across generations. This includes oral traditions, dreaming stories, spirituality, observations, cultural lore and histories about people and place that continue a way of living or explain the natural world. Language, songlines, stories, music, art, dance and ceremony continue to give value to everyday life. These aspects connect people to a place or time and provide learning and perspective.
(7) Aboriginal and Torres Strait Islander structures, technology, tools and archaeology are familiar features of Traditional Owner cultural heritage.
(8) Evidence of Traditional Owner occupation, predating the last sea level rise, may be contained in submerged marine sites within the Planning Area.
1.13B Issues
(1) The Authority has identified the following issues relating to Traditional Owner cultural heritage values in the Planning Area.
(2) Adverse effects on sites or areas of high cultural heritage value for Traditional Owners may result from inappropriate use of the Planning Area.
(3) There is limited understanding from a management perspective of identification of sites with specific cultural heritage significance.
(4) There is limited implementation of protective measures to prevent degradation at cultural heritage sites.
1.13C Strategies
(1) Work in partnership with Traditional Owners to formalise their aspirations for sea country, and ensure that cultural heritage values are identified, respected and appropriately managed.
(2) Work in partnership with the Queensland Government and assign a high level of protection to areas of significant cultural heritage value and, in some cases, limit access to such sites to ensure they are protected for future generations.
Subdivision 3—Historic heritage
1.14A Values
(1) The Authority has identified the following values relating to historic heritage values in the Planning Area.
(2) Historic heritage values relate to the occupation and use of an area since the arrival of European and other migrants. Values include historic shipwrecks, historic voyages, World War II features, structures and other historical sites.
(3) Varying cultural, social and individual meanings for historic heritage exist. For example, for some users of the Planning Area shipwrecks and light stations generate aesthetic appeal and provide focal points for science, archaeology and recreation; while other users appreciate the ecology, use and knowledge of the area in its natural state.
(4) Historic shipwrecks in the Planning Area are considered to be of archaeological and scientific significance and are important sites for recreational use.
(5) At least 20 shipwrecks believed to be within the area are over 75 years old and are protected by the Historic Shipwrecks Act 1976.
(6) The Valetta is the only historic shipwreck that has a known location within close proximity to the Planning Area, located in the intertidal area at Happy Bay, Long Island.
(7) Dent Island Lightstation is a part of the Planning Area’s scenic appeal and recognised on the Commonwealth Heritage List, providing evidence of the historical development of maritime navigation aids in Australia.
(8) World War II plane wrecks in the area are likely to retain significant archaeological information about wartime activities (and may include human remains) and can in some circumstances be important sites for recreational use as part of the Planning Area’s aesthetic values.
1.14B Issues
(1) The Authority has identified the following issues relating to historic heritage in the Planning Area.
(2) Places of historic significance in the Planning Area are fragile and irreplaceable.
(3) There is a lack of knowledge about the location of heritage sites.
(4) The condition of known historic shipwrecks is poorly understood.
(5) Historic shipwrecks and World War II sites in the Planning Area are vulnerable to activities in or around the sites such as dredging, pipe and cable laying and marina development.
(6) Historic sites are under pressure from natural threats (such as cyclones and sediment erosion), vessel anchoring, and pilfering of artefacts.
(7) Dent Island Lightstation requires ongoing maintenance in order to maintain its historic heritage value.
1.14C Strategies
(1) Identify, manage, protect, conserve and communicate to all generations Commonwealth Heritage places and their values.
(2) Survey proposed development areas to identify heritage sites prior to disturbance.
(3) Encourage users of the Planning Area to abide by the Historic Shipwrecks Act 1976 when approaching shipwrecks.
(4) Ensure best practice heritage management of the Dent Island Lightstation through cooperative partnership between the Authority and the Australian Maritime Safety Authority, and in accordance with the Dent Island Lightstation Heritage Management Plan.
Note: The Dent Island Lightstation Heritage Management Plan is available at (5) Locate and survey places likely to be of historic significance, including through cooperative partnerships with Traditional Owners, relevant agencies, and other interested bodies.
Note: The document published by the Authority and entitled Great Barrier Reef Marine Park Heritage Strategy 2005 is available at Heritage and National Heritage
1.15A Values
(1) The Authority has identified the following values relating to World and National Heritage in the Planning Area.
(2) The Great Barrier Reef, including the Planning Area, is a World Heritage Area under the World Heritage Convention and was inscribed in 1981 for its outstanding universal value. Outstanding universal value is defined by the United Nations Educational, Scientific and Cultural Organisation as “the cultural and/or natural significance which is so exceptional as to transcend national boundaries and are to be of common importance for present and future generations of all humanity”. The Great Barrier Reef World Heritage Area is recognised for its natural beauty and natural phenomena; its representation of major stages in the Earth’s evolutionary history, including man’s interaction with the environment; its ecological and biological processes; and its habitats for the conservation of biodiversity.
(3) The Great Barrier Reef, including the Planning Area, is also a National Heritage place under the Environment Protection and Biodiversity Conservation Act 1999.
1.15BIssues
(1) The Authority has identified the following issue relating to World and National Heritage in the Planning Area.
(2) Influences both within and external to the Planning Area and Great Barrier Reef may adversely impact on the World and National Heritage values.
Note: Risks and threats to the World Heritage Area have been more explicitly addressed in periodic reporting processes for world heritage sites to which the Authority contributes.
1.15CStrategies
(1) Protect and present the world heritage values of the Great Barrier Reef World Heritage Area through the Joint Field Management Program under the Great Barrier Reef Intergovernmental Agreement, and in accordance with the Authority’s statutory responsibilities and Australia’s international obligations.
(2) Manage the Planning Area to contribute to the protection and management of the National and World Heritage by conserving areas of high value and/or good condition and improving degraded areas of high value by limiting use.
(3) Manage the Planning Area to maintain a range of tourism and recreation experiences, including presentation of the World Heritage Area.
Subdivision 5—Scenic amenity including aesthetics
1.16A Values
(1) The Authority has identified the following values relating to scenic amenity in the Planning Area.
(2) Scenic amenity values include visual elements such as coral reefs, continental islands and water clarity. There is an abundance and diversity of shapes, sizes and colours, spectacular species of reef fish and coral assemblages of hard and soft corals. The islands and inlets showcase white sandy beaches, varied geology, and diverse vegetation and wildlife.
(3) The aesthetic values of the Great Barrier Reef World Heritage Area contribute to its outstanding universal value and listing as a World Heritage Site under criterion (vii) “contain superlative natural phenomena or areas of exceptional natural beauty and aesthetic importance”. Specifically the World Heritage listing states that “The Whitsunday Islands provide a magnificent vista of green vegetated islands and white sandy beaches spread over azure waters”.
(4) Traditional Owners have recognised the outstanding value of the Great Barrier Reef since it formed 8,000 to 12,000 years ago. Their place attachment includes natural, cultural and spiritual values for land and sea country that are beneath, in and above the sea. Traditional Owners and their traditional estates are inseparable. Aesthetic practices preserve the traditional ways of seeing and being.
1.16B Issues
(1) The Authority has identified the following issues relating to scenic amenity in the Planning Area.
(2) The combined effects from cyclones, declining water quality, marine debris and increasing sea temperature are impacting on the natural beauty and phenomena of the Great Barrier Reef ecosystem.
(3) There are over 50 known hot spots for marine debris in the Planning Area.
(4) The visual and noise impacts from activities such as coastal development, transient shipping, aircraft and large numbers of tourists, all diminish natural scenic values both visually and audibly. Increasing these uses will lead to cumulative adverse impacts on the scenic amenity in the Planning Area.
1.16C Strategies
(1) Balance increasing levels of visitation, a range of experiences (from remote to high use), and conflicting use, with impacts to aesthetic values and damage to the environment.
(2) Provide a range of setting areas ranging from setting 1 (intensive use) to setting 5 (protected). Place limits on vessel length, group sizes, operation of vessels and aircraft, facilities and certain activities which can be undertaken in the Planning Area (see clause 1.23).
(3) Align and manage interfaces between marine and land uses including their activities, group sizes and facilities.
Note: For example, island‑based campgrounds correspond with a complementary marine setting.
(4) Manage and limit areas for high‑speed vessels and motorised water sport to minimise potential visual and noise impacts (see subclauses 2.8(1) to (4)).
(5) Maintain minimum flight heights for aircraft and provide areas for daily aircraft landings (see clause 2.7).
(6) Encourage and undertake the removal of marine debris.
Division 2C—Community values (including scientific values)
1.17A Overview
(1) For Traditional Owners, the Planning Area is a place of social commune and economic significance. This includes social enjoyment, social gatherings and community ceremonies during times of mourning. Their protocols for customary practices can include:
(a) greeting people, which is commonly known as a Traditional Owner welcome to country, or seeking permission to undertake activities; and
(b) respect for land and sea country, community and elders; and
(c) gender‑specific men’s and women’s business, knowledge and places; and
(d) historical trade with neighbouring and far‑away communities and with Europeans during the early days of contact in Australia.
(2) The health of the Great Barrier Reef has significant influence on the wellbeing and benefits to individuals, families, businesses and communities within and adjacent to the Planning Area. These include:
(a) employment and income for Reef‑dependent industries and communities; and
(b) scientific research; and
(c) understanding, appreciation and enjoyment of, personal connection with, health benefits from, access to and traditional use of the Great Barrier Reef.
(3) Scientific research has made a substantial contribution to the way the Great Barrier Reef is understood, managed and used. Monitoring also plays a key role in tracking trends and effects on values.
(4) There is continued global interest in protection of the Great Barrier Reef.
(5) The Whitsunday region contributed to shaping Queensland society through:
(a) early interactions between Traditional Owners and explorers; and
(b) journeys of early explorers; and
(c) the experiences of hardship and survival, such as those of shipwreck survivors; and
(d) the innovations and enterprise of early tourism operators.
(6) The Planning Area receives the most concentrated level of tourism across the Great Barrier Reef and is a significant contributor to the Australian economy. The Whitsunday tourism industry presents the World Heritage Area to these visitors.
1.17B Issues
(1) The Authority has identified the following issues relating to scientific, social and economic values in the Planning Area.
(2) Community benefits can be difficult to balance and allocate as they are often unique to an individual’s experience and background.
(3) Further quantification of the broader and ongoing community benefits is required.
(4) Drivers such as economic growth, population growth and new technologies may influence the use of the Planning Area and adjacent land, potentially restricting patterns of use, access and enjoyment of the area.
(5) Congestion of tourism activities through the activation of latent permits during peak periods and non‑compliance with legislation can contribute to impacts on scenic amenity and overall environmental values.
(6) Further understanding and assessment are required of the consequential and cumulative impacts on community benefits as a result of activities within and adjacent to the Great Barrier Reef.
(7) Noise and light pollution from sources on land and in the water can impact on community benefit values.
1.17C Strategies
(1) Manage the Planning Area as a multiple‑use marine protected area, providing for protection, allowing for ecologically sustainable use, promoting understanding and enjoyment, and encouraging engagement.
(2) Balance increasing levels of visitation, a range of experiences (from remote to high use), and conflicting use, with impacts to aesthetic values and damage to the environment.
(3) Provide a range of setting areas ranging from setting 1 (intensive use) to setting 5 (protected). Place limits on vessel length, group sizes, operation of vessels and aircraft, facilities and certain activities which can be undertaken in the Planning Area (see clause 1.23).
Note: Settings in the Planning Area extend generally 1,500 metres from the reef edge.
(4) Align and manage interfaces between marine and land uses including their activities, group sizes and facilities.
Note: For example, island‑based campgrounds correspond with a complementary marine setting.
(5) Manage the number and type of tourist programs accessing the Planning Area on a daily and non‑daily basis (see clause 1.32).
(6) Encourage high‑standard tourism operations in the Planning Area.
(7) Provide for the continued recreational use of the Planning Area.
Note: The Authority’s policy on Recreation Management Strategy for the Great Barrier Reef Marine Park is available at (8) Manage and limit areas for high‑speed vessels and motorised water sport to minimise conflict with other users in the Planning Area (see subclauses 2.8(1) to (4)).
(9) Work in partnership with Traditional Owner groups, tourism operators, industry groups, researchers, conservation groups and recreational users, as well as Commonwealth, Queensland and local governments, to collaboratively manage the Planning Area.
(10) Provide for continued scientific research and monitoring in the Planning Area.
Note: The Authority’s Policy on Managing Scientific Research in the Great Barrier Marine Park and Environmental Impact Management Policy are available at (11) Engage stakeholders through the Authority’s Reef Advisory Committees and Local Marine Advisory Committees as well as the wider public to enable managers to gain a better understanding of community values and issues of concern.
(12) Encourage volunteer programs, such as components of the marine monitoring program and avenues for community involvement such as the Authority’s Eye on the Reef and Reef Guardian programs.
Note: Further information on the Authority’s Eye on the Reef and Reef Guardian programs is available at (13) Encourage the development and implementation of a framework, including guidelines and benchmarks, for social and economic impact assessments for the Planning Area.
Division 3—Monitoring the effectiveness of management
1.18 Reef 2050 Integrated Monitoring and Reporting Program Strategy
(1) The Reef 2050 Integrated Monitoring and Reporting Program Strategy (the Program) is being implemented to monitor the success of the Reef 2050 Plan which will guide long‑term protection and management of the Great Barrier Reef.
(2) Development of the Program will include an analysis of existing monitoring against Reef 2050 Plan deliverables. The Program will drive the integration of existing monitoring, modelling and reporting programs to capitalise on current program investments and avoid duplication of effort. This will inform improvements and efficiencies where there may be gaps in monitoring, data management, analysis, reporting and the effectiveness of management tools.
(3) It is intended that effectiveness of this Plan, in accordance with the objectives of the Act, will also be captured in this Program.
10 Subparagraph 1.22(k)(ii)
Repeal the subparagraph, substitute:
(ii) tourism use in the Planning Area is growing and reports are being received by the Authority and the Queensland Government about congestion at certain sites which may be impacting on the values of the Planning Area or parts of the Planning Area.
11 At the end of subclause 1.23(1)
Add:
; (d) developing site plans for sensitive or heavily used sites (see clause 1.25);
(e) applying the policy Managing Tourism Permissions to Operate in the Great Barrier Reef Marine Park (including Allocation, Latency and Tenure) to guide the management of tourism permissions.
Note: The Authority’s policy Managing Tourism Permissions to Operate in the Great Barrier Reef Marine Park (including Allocation, Latency and Tenure) is available at Subclause 1.23(2)
Omit “With increasing levels of visitation to the Planning Area there is environmental damage and an increase in competing activities.”, substitute “With increasing levels of visitation to the Planning Area there is an increased risk of environmental damage and potential for an increase in competing activities.”.
13 Subclause 1.23(2)
Omit “maximum overall length that vessels who visit the setting area may have”, substitute “overall length of vessels visiting the setting area”.
14 Subclause 1.23(2) (table 1, heading to column headed “Maximum overall length of vessel (metres)”)
Repeal the heading, substitute:
Overall length of vessel (metres) 15 Subclause 1.23(2) (table item 1, column headed “Setting”)
Omit “Developed”, substitute “Intensive”.
16 Subclause 1.23(2) (cell at table item 1, column headed “Maximum overall length of vessel (metres)”)
Repeal the cell, substitute:
Less than 70 17 Subclause 1.23(2) (at the end of the cell at table item 2, column headed “Maximum overall length of vessel (metres)”)
Add “or less”.
18 Subclause 1.23(2) (at the end of the cell at table item 3, column headed “Maximum overall length of vessel (metres)”)
Add “or less”.
19 Subclause 1.23(2) (table item 4, column headed “Setting”)
Omit “Natural”, substitute “Low use”.
20 Subclause 1.23(2) (at the end of the cell at table item 4, column headed “Maximum overall length of vessel (metres)”)
Add “or less”.
21 Subclause 1.23(2) (at the end of the cell at table item 5, column headed “Maximum overall length of vessel (metres)”)
Add “or less”.
22 Clause 1.24 (heading)
Repeal the heading, substitute:
1.24 Setting 5 (protected) areas
23 Subclause 1.24(1)
Repeal the subclause, substitute:
(1) The following table sets out the sites in the Planning Area that have been designated (by Part 5 of Schedule 2) as setting 5 (protected) areas to protect their unique or outstanding nature conservation values, cultural and heritage values or scientific values.
Table 2 Setting 5 (protected) areas and their significant values Item Setting 5 (protected) area Significant values 1 Cow and Calf Islands Conservation: inshore fringing reef, mangrove
Remote area of scientific interest
2 Deloraine Island Conservation: fringing reef, rare sponge species
Remote area
3 Double Bay East Conservation: fringing reef, rare coral species
Mainland coastal area of scientific interest
4 Eshelby Islands Conservation: seabird nesting and roosting
Commonwealth island with lighthouses etc.
Preservation Zone
5 Haslewood and Lupton Islands Conservation: seagrass beds, turtle feeding and nesting, seabird nesting and roosting, fringing reef, including deepwater bommies
Source reef for Whitsundays
6 Hill Inlet, Whitsunday Island (including the northern end of Whitehaven Beach)
Conservation: mangroves, seabird nesting
Scenic value: unique silica sand inlet and delta (a visual icon for the Whitsundays)
Cultural significance
Note: The values listed in the table are not exhaustive. They indicate the significance of each setting 5 (protected) area.
24 Subclause 1.24(2)
Omit “area”, substitute “(protected) area except under subclause (3)”.
25 Subclause 1.24(2) (note)
Repeal the note.
26 Subclause 1.24(3)
Omit “give”, substitute “grant,”.
27 Subclause 1.24(3)
After “setting 5”, insert “(protected)”.
28 Paragraphs 1.24(3)(a) and (b)
Omit “traditional owner” (wherever occurring), substitute “Traditional Owner”.
29 Subclause 1.24(5) (paragraphs (a) and (b) of the definition of cultural tour)
Omit “traditional owners”, substitute “Traditional Owners”.
30 Clause 1.25
Repeal the clause, substitute:
1.25 Site plans
(1) Other sensitive sites in the Planning Area may be identified and the need for site plans for sensitive or heavily used sites in the Planning Area may arise from time to time. These will be developed through detailed site planning, with input from key stakeholders.
Note: Some examples of sensitive sites that may be identified are as follows:
(a) Blue Pearl Bay, Hayman Island;
(b) Hardy Reef;
(c) Langford Island;
(d) Lindeman and Seaforth Islands;
(e) Luncheon Bay, Hook Island;
(f) Mackerel Bay, Hook Island;
(g) Manta Ray Bay, Hook Island;
(h) Tongue Bay, Whitsunday Island;
(i) Whitehaven Beach, Whitsunday Island.
(2) If the Authority develops a site plan for a sensitive site in the Planning Area that requires amendment of this Plan, the Authority will seek public comment on the proposed amendment in accordance with statutory requirements.
(3) In preparing site plans, the Authority may consider the appropriateness of one or more of the following:
(a) imposing additional requirements for bookings;
(b) limiting the number of bookings that can be made for a day;
(c) limiting or prohibiting multiple visits on a day;
(d) allowing use of moorings, but not anchors, within a bay.
This does not limit what the Authority may consider in preparing site plans.
31 Subclause 1.26(1)
After “setting 1”, insert “(intensive)”.
32 At the end of subclause 1.26(3)
Add:
Note: The Regulations contain provisions about applying for, and deciding whether to grant or refuse, permissions to install a mooring, pontoon or tourist facility or to operate a tourist program. Those provisions affect the installation of any mooring, pontoon or tourist facility.
33 Subclause 1.26(5)
Repeal the subclause.
34 Subclause 1.26(6) (note)
Omit “Temporary Relocation Application Form”, substitute “Marine Tourism Contingency Plan Application Form”.
35 At the end of clause 1.26
Add:
(7) However, the Authority will not grant, or modify the conditions of, a relevant permission so as to allow temporary relocation under subclause (6) of a tourist program or facility into a setting 5 (protected) area in which the program or facility was not located before the damage by a severe environmental incident occurred. This has effect despite clause 1.43.
36 Clauses 1.27 and 1.28
Repeal the clauses, substitute:
1.27 New permissions for private moorings
(1) The Authority will not grant a new permission for a private mooring to be installed in the Planning Area except as described in subclauses (2), (3), (4) and (5).
(2) The Authority may grant a new permission for a private mooring to be installed:
(a) in a setting 1 (intensive) area; or
(b) in the Hardy Reef Location; or
(c) as part of the temporary relocation of a tourist facility permitted under subclause 1.26(6).
(3) The Authority may grant new permissions for a total of not more than 3 private moorings to be installed in the Woodwark Bay South Location if the Authority has prepared a site plan for each site where one of those moorings is to be installed.
(4) The Authority may grant new permissions for a total of not more than 20 private moorings to be installed in the Planning Area, otherwise than as described in subclauses (2) and (3), in one or more parts of the Planning Area for each of which the Authority has prepared a site plan. The Authority may grant:
(a) the permissions for up to 5 of the moorings to persons who are Traditional Owners of any site or area located in the Planning Area; and
(b) the permissions for up to 15 of the moorings to other persons.
Note: Under the Regulations, a process of inviting expressions of interest for the grant of a new permission under subclause (3) or (4) for a private mooring applies.
(5) The Authority may grant a new permission for a private mooring to be installed in the Planning Area if such a new permission becomes available because of the expiry, revocation or surrender of an earlier new permission of that kind (whether the earlier new permission was granted under subclause (3) or (4) or otherwise).
(6) The conditions of a new permission for a private mooring to be installed in the Planning Area will require the mooring to be designed, placed and installed in a way that helps maintain the surrounding habitat and its ecological processes, if the new permission is granted:
(a) under subclause (3) or (4); or
(b) under subclause (5) in connection with an earlier new permission granted under subclause (3) or (4).
Note: The Authority’s Policy—Moorings in the Great Barrier Reef is available at (7) When considering a site for private moorings, it is the Authority’s preference to avoid installing these in heavily used areas as this can provide priority access to a small number of users. Public moorings are the preferred approach in heavily used areas.
1.28 Limit on tourist facilities (other than moorings)
(1) The Authority will not grant a new permission for a tourist facility to be installed in the Planning Area, except:
(a) in a setting 1 (intensive) area; or
(b) in the Hardy Reef Location; or
(c) for installation, in the Woodwark Bay South Location, of a tourist facility in relation to which both the following requirements are met:
(i) the facility is unlikely to have any noticeable or lasting adverse impact on the values of the Marine Park or the public’s enjoyment of the Marine Park;
(ii) the application for the permission for the facility is not required to be advertised under the Regulations; or
(d) as part of the temporary relocation of a tourist facility permitted under subclause 1.26(6).
(2) Subclause (1) does not apply to a new permission for a tourist facility that is a private mooring.
Note: Clause 1.27 deals with new permissions for installation of private moorings.
37 Clauses 1.29 and 1.30
Repeal the clauses, substitute:
1.29 Aerobatics, motorised water sports and high‑speed vessels
(1) There are limits in setting areas on aerobatics, motorised water sport and use of high‑speed vessels (see clauses 2.7 and 2.8).
(2) The Authority will monitor the operation of vessels used for motorised water sport or at high speed to ensure that the vessels are being used legitimately, and that the vessels do not adversely affect other users of the Planning Area or the values of the Area.
1.30 No permissions for reef walking
The Authority will not grant a permission for reef walking in the Planning Area.
38 Subclause 1.31(4) (note)
Omit “ComLaw website at substitute “Federal Register of Legislation website at Subclause 1.32(2)
Omit “, 2.5(3)”.
40 Paragraph 1.32(3)(d)
Omit “cruise”, substitute “large”.
41 Subclause 1.32(7)
Repeal the subclause, substitute:
Large ship operation—access rights and requirements
(7) The access rights and operational requirements of a large ship operation are the following, in accordance with the terms of a relevant permission:
(a) up to 50 days access each year to the Planning Area (by the large ship being used in the operation and, if that large ship is a cruise ship, by any tenders and aircraft transiting as described in paragraph (e)) with a booking (see subclause 2.5(1));
(b) a booking required to anchor at a designated anchorage (see paragraph 2.4(7)(c));
(c) access to a designated anchorage, with access limited to one large ship at a time, except at each of the Turtle Bay designated anchorage and the Funnel Bay designated anchorage, where up to 2 large ships may anchor at a time (see subclause 2.4(9));
(d) a requirement not to access any parts of the Planning Area that are outside the General Use Zone and Shipping Area except when the large ship being used in the operation is transiting to or from a designated anchorage, or is anchored at such an anchorage (see subclause 2.8(5));
(e) for a large ship operation using a cruise ship, a requirement that tenders not be used in the Planning Area to conduct tourist program activities, except by transiting between the cruise ship and:
(i) a place outside the Planning Area; or
(ii) a tourist facility within, or partly within, the Planning Area;
(see subclause 2.8(6)).
Note: The Regulations list the designated anchorages.
42 Paragraph 1.32(8)(b)
Repeal the paragraph, substitute:
(b) the operation is limited to operating in a setting 1 (intensive) area or the Woodwark Bay South Location (see subclauses 2.14(3) and (5)).
43 Paragraph 1.32(9)(a)
Omit “access to the Planning Area each year”, substitute “access each year to the Planning Area”.
44 Paragraph 1.32(9)(b)
Omit “7‑day period”, substitute “7 consecutive days”.
45 Paragraph 1.32(9)(e)
Omit “per year”, substitute “each year”.
46 Subclause 1.32(10)
Repeal the subclause, substitute:
Non‑motorised operation—access rights
(10) The access rights of a non‑motorised operation are up to daily access to the Planning Area without a booking, in accordance with the terms of a relevant permission.
47 Paragraph 1.32(11)(b)
After “setting 1”, insert “(intensive)”.
48 Subparagraph 1.32(13)(a)(ii)
Omit “7‑day period”, substitute “7 consecutive days”.
49 Subparagraph 1.32(13)(a)(iii)
Repeal the subparagraph, substitute:
(iii) a requirement not to conduct as part of a tourist program scenic flights in the Planning Area below 1,000 feet (above ground or water) (see subclause 2.7(2));
50 Paragraph 1.32(15)(a)
Omit “both”, substitute “all”.
51 Subparagraph 1.32(15)(a)(ii)
Omit “7‑day period”, substitute “7 consecutive days”.
52 Subparagraph 1.32(15)(a)(ii)
Omit “or” (last occurring).
53 At the end of paragraph 1.32(15)(a)
Add:
(iii) a requirement not to conduct as part of a tourist program scenic flights in the Planning Area below 1,000 feet (above ground or water) (see subclause 2.7(2)); or
54 Subclause 1.33(1)
After “part of the Planning Area”, insert “, or use of an anchorage,”.
55 At the end of subclause 1.33(1)
Add:
Note: Clause 2.5 requires a booking to conduct a large ship operation or standard tour operation in the Planning Area using a vessel or aircraft. Clause 2.4 requires bookings to anchor large ships and large vessels at certain anchorages.
56 Subclause 1.33(3)
Omit “cruise ships”, substitute “large ship operations using a cruise ship”.
57 Subclause 1.35(1)
Omit “clause 1.36”, substitute “subclause 1.36(1), (1A) or (5)”.
58 After subclause 1.35(4) (before the note)
Insert:
(5) Subclauses (1), (2), (3) and (4) do not prevent the Authority from granting a permission described in any of those subclauses to allow temporary relocation under subclause 1.26(6) of a tourist program of which the tourism operation mentioned in subclause (1), (2), (3) or (4) forms part.
59 Subclauses 1.36(1) and (2)
Repeal the subclauses, substitute:
(1) The Authority may grant to persons who are Traditional Owners of any site or area located in the Planning Area up to 10 new permissions to conduct regional tour operations.
(1A) The Authority may grant up to 5 new permissions to conduct regional tour operations using a fixed‑wing aircraft (that is not a seaplane, flying boat or amphibian) for scenic flights without landing in the Planning Area.
(2) Subclauses (1) and (1A) do not prevent the grant of a new permission to conduct a regional tour operation to any person to allow temporary relocation under subclause 1.26(6) of a tourist program of which the regional tour operation forms part.
60 Subclauses 1.36(3) and (4)
After “subclause (1)”, insert “or (1A)”.
61 Subclause 1.36(4)
Omit “The new permissions or any relevant permissions for a regional tour operation that become available (because they expire, are revoked or are surrendered) may be allocated under the Regulations, using a process of inviting expressions of interest.”.
62 Subclause 1.36(4) (note)
Repeal the note.
63 At the end of clause 1.36
Add:
(5) The Authority may grant a new permission for a regional tour operation if such a new permission becomes available because of the expiry, revocation or surrender of an earlier new permission of that kind (whether the earlier new permission was granted under subclause (1) or (1A) or otherwise).
Note 1: Under the Regulations, a process of inviting expressions of interest for the grant of a new permission (under subclause (1), (1A) or (5)) for a regional tour operation applies.
Note 2: Information about the way tourism permissions are managed by the Authority can be found on the Authority’s website at Clause 1.37
Before “The”, insert “(1)”.
65 At the end of clause 1.37
Add:
(2) Subclause (1) does not prevent the Authority from granting a new permission to allow temporary relocation under subclause 1.26(6) of a tourist program that is conducted under another relevant permission that permits the program to involve fishing or collecting in the Planning Area outside the General Use Zone or Habitat Protection Zone.
66 Clause 1.38
Repeal the clause.
67 Clause 1.39 (note)
Omit “ComLaw website at substitute “Federal Register of Legislation website at Subclause 1.40(2) (note)
Omit “ComLaw website at substitute “Federal Register of Legislation website at Subclause 1.40(3)
Omit “per year”, substitute “each year”.
70 Subclause 1.40(4)
Omit “access to the Planning Area per year”, substitute “access each year to the Planning Area”.
71 At the end of Subdivision 5 of Division 4 of Part 1
Add:
1.44 Special tourism permissions for which only certain persons may apply
The following relevant permissions are declared to be special tourism permissions for the purposes of the Regulations:
(a) a relevant permission to conduct any of the following tourism operations in the Planning Area:
(i) a bareboat operation;
(ii) a Bowen operation;
(iii) a long range roving operation;
(iv) a regional tour operation;
(b) a relevant permission to conduct a standard tour operation involving fishing or collecting in the Planning Area outside the General Use Zone and the Habitat Protection Zone.
Note: The Regulations limit who may apply for a special tourism permission to:
(a) a past holder of the permission; or
(b) a person selected through a process involving public invitation of expressions of interest in the permission and ranking of any such expressions of interest in order of merit according to published criteria.
72 Part 1 of Schedule 1
Omit “915 metres”, substitute “3,000 feet”.
73 Schedule 9 (note to heading)
Repeal the note, substitute:
Note: See subclause 1.4(1).
74 Schedule 9
Repeal the following definitions:
(a) the definition of 100 metre line;
(b) the definition of 500 metre line;
(c) the definition of 1 500 metre line.
75 Schedule 9
Insert:
anchor: a vessel is anchored if:
(a) an anchor for the vessel is dropped; or
(b) the vessel is at anchor; or
(c) the vessel becomes or remains stationary.
Note: This definition affects provisions that refer to a vessel being anchored or a person anchoring a vessel or that prohibit a person from anchoring a vessel. The definition affects those provisions whether they refer to the vessel using the word “vessel” or in some other way, such as a large ship, a large vessel or a superyacht.
76 Schedule 9 (note at the end of the definition of aquaculture operation)
Repeal the note.
77 Schedule 9 (at the end of paragraph (c) of the definition of Bowen operation)
Add “with an overall length less than 70 metres”.
78 Schedule 9 (note at the end of the definition of Bowen operation)
Repeal the note.
79 Schedule 9
Insert:
CAMBA has the meaning given by clause 1.11A.
80 Schedule 9
Repeal the following definitions:
(a) the definition of coastal line;
(b) the definition of coastal 100 metre line;
(c) the definition of coastal 500 metre line;
(d) the definition of coastal 1 000 metre line;
(e) the definition of coastal 1 500 metre line.
81 Schedule 9 (definition of crewed vessel operation)
Omit “ship”, substitute “large ship”.
82 Schedule 9
Insert:
cruise ship means a large ship that is a cruise ship (within the ordinary meaning of the phrase).
83 Schedule 9
Repeal the following definitions:
(a) the definition of cruise ship anchorage;
(b) the definition of cruise ship operation.
84 Schedule 9 (note at the end of the definition of daily access)
Repeal the note.
85 Schedule 9
Insert:
designated anchorage has the same meaning as in the Regulations.
designated motorised water sports area means an area described in Schedule 4.
86 Schedule 9
Repeal the following definitions:
(a) the definition of designated water sports area;
(b) the definition of discharge.
87 Schedule 9
Insert:
JAMBA has the meaning given by clause 1.11A.
88 Schedule 9 (definition of Langford/Black Islands Area)
Repeal the definition.
89 Schedule 9
Insert:
large ship means a vessel that has an overall length of at least 70 metres.
large ship operation means an operation that:
(a) is part of a tourist program; and
(b) comprises activities permitted under one relevant permission; and
(c) at any one time uses only one large ship.
90 Schedule 9 (definition of large vessel)
Omit “not more”, substitute “less”.
91 Schedule 9 (definition of Location)
Repeal the definition, substitute:
Location means an area described in Schedule 3 and the airspace up to 500 feet vertically above each point on the ground or water surface in that area.
92 Schedule 9 (note at the end of the definition of long range roving operation)
Repeal the note.
93 Schedule 9 (definition of Marine Park)
Repeal the definition, substitute:
Marine Park has the meaning given by clause 1.2.
94 Schedule 9 (definition of new permission)
Omit “the commencement of Schedule 1 to the Whitsundays Plan of Management Amendment 2008 (No. 1)”, substitute “18 December 2008 (which was when Schedule 1 to the Whitsundays Plan of Management Amendment 2008 (No. 1) commenced)”.
95 Schedule 9 (definition of no anchoring area)
Repeal the definition.
96 Schedule 9
Insert:
no‑anchoring area has the meaning given by the Regulations.
97 Schedule 9 (paragraph (c) of the definition of non‑motorised operation)
After “non‑motorised craft”, insert “(even if it also uses a motorised tender less than 6 metres in overall length to provide rescue services or emergency assistance to users of the non‑motorised craft)”.
98 Schedule 9 (note at the end of the definition of passenger transport operation)
Repeal the note.
99 Schedule 9
Repeal the following definitions:
(a) the definition of per week;
(b) the definition of per year.
100 Schedule 9 (definition of Planning Area)
Repeal the definition, substitute:
Planning Area has the meaning given by clause 1.2.
101 Schedule 9
Insert:
private mooring has the same meaning as in the Regulations.
public mooring has the same meaning as in the Regulations.
102 Schedule 9
Insert:
Reef 2050 Plan has the meaning given by subclause 1.5(4).
103 Schedule 9 (paragraph (d) of the definition of regional tour operation)
Omit “not more”, substitute “less”.
104 Schedule 9 (after paragraph (d) of the definition of regional tour operation)
Insert:
; and (e) if using a vessel—may anchor the vessel in the Planning Area daily without a booking; and
(f) if using an aircraft—may use the aircraft in the Planning Area daily without a booking.
6 Whitehaven Beach regular aircraft landing area
The Whitehaven Beach regular aircraft landing area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Whitehaven Beach regular aircraft landing area | |
| Item | Description |
| 1 | The point 20°16.145′S 149°02.778′E |
| 2 | South‑easterly along the geodesic to 20°16.621′S 149°03.114′E |
| 3 | South‑westerly along the geodesic to the intersection of the Whitsunday Island (20‑041a) coastline at mean low water and the parallel 20°17.181′S (at the point closest to 20°17.181′S 149°02.514′E) |
| 4 | Generally north‑westerly along the Whitsunday Island (20‑041a) coastline at mean low water to the intersection of the Whitsunday Island (20‑041a) coastline at mean low water and the parallel 20°16.307′S (at the point closest to 20°16.307′S 149°01.937′E) |
| 5 | Easterly along the geodesic to the starting point |
7 Chance Bay and Moon Island regular aircraft landing area
The Chance Bay and Moon Island regular aircraft landing area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Chance Bay and Moon Island regular aircraft landing area | |
| Item | Description |
| 1 | The intersection of the Whitsunday Island (20‑041a) coastline at mean low water and the meridian 149°02.844′E (at the point closest to 20°18.610′S 149°02.844′E) |
| 2 | Southerly along the geodesic to the intersection of the Unnamed Island (20‑041d) coastline at mean low and the meridian 149°02.811′E (at the point closest to 20°18.693′S 149°02.811′E) |
| 3 | Generally south‑westerly along the Unnamed Island (20‑041d) coastline at mean low water to the intersection of the Unnamed Island (20‑041d) coastline at mean low water and the meridian 149°02.727′E (at the point closest to 20°18.922′S 149°02.727′E) |
| 4 | Southerly along the geodesic to 20°19.183′S 149°02.803′E |
| 5 | Westerly along the geodesic to 20°19.602′S 149°01.471′E |
| 6 | Northerly along the geodesic to the intersection of the Whitsunday Island (20‑041a) coastline at mean low water and the meridian 149°01.372′E (at the point closest to 20°19.346′S 149°01.372′E) |
| 7 | Generally north‑easterly along the Whitsunday Island (20‑041a) coastline at mean low water to the starting point |
8 Happy Bay and Fish and Palm Bays regular aircraft landing area
The Happy Bay and Fish and Palm Bays regular aircraft landing area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Happy Bay and Fish and Palm Bays regular aircraft landing area | |
| Item | Description |
| 1 | The point 20°19.102′S 148°50.250′E |
| 2 | East along the parallel 20°19.102′S to the intersection of the Long Island (20‑060) coastline at mean low water and the meridian 148°50.930′E (at the point closest to 20°19.102′S 148°50.930′E) |
| 3 | Generally southerly along the Long Island (20‑060) coastline at mean low water to the intersection of the Long Island (20‑060) coastline at mean low water and the parallel 20°20.681′S (at the point closest to 20°20.681′S 148°50.839′E) |
| 4 | West along the parallel 20°20.681′S to longitude 148°50.250′E |
| 5 | North along the meridian 148°50.250′E to the starting point |
9 Dent Passage and Dent and Hamilton Islands regular aircraft landing area
The Dent Passage and Dent and Hamilton Islands regular aircraft landing area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Dent Passage and Dent and Hamilton Islands regular aircraft landing area | |
| Item | Description |
| 1 | The intersection of the Hamilton Island (20‑057) coastline at mean low water and the meridian 148°56.902′E (at the point closest to 20°19.886′S 148°56.902′E) |
| 2 | Generally southerly along the Hamilton Island (20‑057) coastline at mean low water to the intersection of the Hamilton Island (20‑057) coastline at mean low water and the meridian 148°57.179′E (at the point closest to 20°22.666′S 148°57.179′E) |
| 3 | Westerly along the geodesic to the intersection of the Dent Island (20‑058c) coastline at mean low water and the parallel 20°22.865′S (at the point closest to 20°22.865′S 148°56.373′E) |
| 4 | Generally northerly along the Dent Island (20‑058c) coastline at mean low water to the intersection of the Dent Island (20‑058c) coastline at mean low water and the meridian 148°55.686′E (at the point closest to 20°20.217′S 148°55.686′E) |
| 5 | North‑easterly along the geodesic to the intersection of the Plum Pudding Island (20‑409) coastline at mean low water and the parallel 20°20.054′S (at the point closest to 20°20.054′S 148°56.296′E) |
| 6 | Generally easterly along the Plum Pudding Island (20‑409) coastline at mean low water to the intersection of the Plum Pudding Island (20‑409) coastline at mean low water and the meridian 148°56.362′E (at the point closest to 20°20.033′S 148°56.362′E) |
| 7 | Easterly along the geodesic to the starting point |
10 Plantation Bay and Seaforth Island regular aircraft landing area
The Plantation Bay and Seaforth Island regular aircraft landing area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Plantation Bay and Seaforth Island regular aircraft landing area | |
| Item | Description |
| 1 | The intersection of the Lindeman Island (20‑090) coastline at mean low water and the meridian 149°01.817′E (at the point closest to 20°27.156′S 149°01.817′E) |
| 2 | Generally south‑easterly then easterly along the Lindeman Island (20‑090) coastline at mean low water to the intersection of the Lindeman Island (20‑090) coastline at mean low water and the meridian 149°03.034′E (at the point closest to 20°27.261′S 149°03.034′E) |
| 3 | South along the meridian 149°03.034′E to latitude 20°28.615′S |
| 4 | West along the parallel 20°28.615′S to longitude 149°01.817′E |
| 5 | North along the meridian 149°01.817′E to the starting point |
11 Hayman, Langford and Black Islands regular aircraft landing area
The Hayman, Langford and Black Islands regular aircraft landing area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Hayman, Langford and Black Islands regular aircraft landing area | |
| Item | Description |
| 1 | The intersection of the Hayman Island (20‑014) coastline at mean low water and the parallel 20°03.516′S (at the point closest to 20°03.516′S 148°52.701′E) |
| 2 | Generally easterly along the Hayman Island (20‑014) coastline at mean low water to the intersection of the Hayman Island (20‑014) coastline at mean low water and the meridian 148°53.658′E (at the point closest to 20°03.798′S 148°53.658′E) |
| 3 | Southerly along the geodesic to the intersection of the Langford‑Bird Reef (20‑019) reef edge and the parallel 20°05.269′S (at the point closest to 20°05.269′S 148°53.123′E) |
| 4 | Generally north‑westerly along the Langford‑Bird Reef (20‑019) reef edge to the intersection of the Langford‑Bird Reef (20‑019) reef edge and the meridian of 148°52.375′E (at the point closest to 20°04.639′S 148°52.375′E) |
| 5 | Northerly along the geodesic to the starting point |
Schedule 2—Amendments relating to significant bird sites
Part 1—Amendments of provisions other than enforcement provisions and boundary descriptions
Whitsundays Plan of Management 1998
1 After clause 1.24
Insert:
1.24A Significant bird sites
The following table summarises for each significant bird site the limits on use of vessels and aircraft in and around the site that apply for particular periods under clause 2.11 and the Zoning Plan.
| Limits on use of vessels and aircraft in and around significant bird sites | ||||||
| Site | No vessel access within site | Go‑slow for vessels—6 knots within site | No aircraft access below 1,500 feet within 1,000 metres of site | |||
| 1 October‑ 31 March | All year | 1 October‑ 31 March | All year | 1 October‑ 31 March | ||
| 1 | Armit Island (southern beach only) | ● | ● | |||
| 2 | Armit Islets (No 1) | ● | ● | |||
| 3 | Bird Island | ● | ● | |||
| 4 | Double Cone Island (western island only) | ● | ● | |||
| 5 | East Rock | ● | ● (see note 1) | ● | ||
| 6 | Edwin Rock | ● | ● (see note 1) | ● | ||
| 7 | Eshelby Islands (see note 2) | Zoning Plan limits access all year | Zoning Plan limits access all year | ● | ||
| 8 | Grassy Island (southern beach only) | ● | ● | |||
| 9 | Olden Rock (south of Olden Island) | ● | ● | |||
| 10 | Shaw Island (beach east of Burning Point) | ● | ● | |||
| 11 | South Repulse Island (western beach only) | ● | ● | |||
Note 1: As there is no access to East Rock and Edwin Rock from 1 October to 31 March, the speed limit of 6 knots effectively applies from 1 April to 30 September.
Note 2: Eshelby Islands are located with a Preservation (pink) Zone under the Zoning Plan. Access to these islands is limited and only in accordance with the Zoning Plan.
Note 3: Significant bird site boundaries are set out in Schedule 6.
2 Schedule 9 (definition of restriction period)
Repeal the definition.
3 Schedule 9 (definition of significant bird site)
Repeal the definition, substitute:
significant bird site means an area described in Schedule 6.
Part 2—Amendments of enforcement provisions
Whitsundays Plan of Management 1998
4 Clause 2.11
Repeal the clause, substitute:
2.11 Activities in or near significant bird sites
Permanent ban on aircraft operation below 1,500 feet within 1,000 metres
(1) A person must not operate an aircraft, below 1,500 feet (above ground or water), to approach within 1,000 metres of any of the following significant bird sites:
(a) Bird Island;
(b) East Rock;
(c) Edwin Rock;
(d) Eshelby Islands.
Seasonal ban on aircraft operation below 1,500 feet within 1,000 metres
(2) A person must not operate an aircraft, below 1,500 feet (above ground or water), to approach within 1,000 metres of any of the following significant bird sites between 1 October and the next 31 March:
(a) Armit Island (southern beach only);
(b) Armit Islets (No 1);
(c) Double Cone Island (western island only);
(d) Grassy Island (southern beach only);
(e) Olden Rock (south of Olden Island);
(f) Shaw Island (beach east of Burning Point);
(g) South Repulse Island (western beach only).
Seasonal no‑go zones for vessels
(3) A person must not operate a vessel within any of the following significant bird sites between 1 October and the next 31 March:
(a) East Rock;
(b) Edwin Rock;
(c) Olden Rock (south of Olden Island).
Note: Eshelby Islands are located with a Preservation (pink) Zone under the Zoning Plan. Access to these islands is limited and only in accordance with the Zoning Plan.
Permanent speed limit for vessels in Bird Island significant bird site
(4) A person must not operate a vessel at a speed greater than 6 knots within the Bird Island significant bird site.
Seasonal speed limits for vessels
(5) A person must not operate a vessel at a speed greater than 6 knots within any of the following significant bird sites between 1 October and the next 31 March:
(a) Armit Island (southern beach only);
(b) Armit Islets (No 1);
(c) Double Cone Island (western island only);
(d) Grassy Island (southern beach only);
(e) Shaw Island (beach east of Burning Point);
(f) South Repulse Island (western beach only).
(6) A person must not operate a vessel at a speed greater than 6 knots within any of the following significant bird sites between 1 April and the next 30 September:
(a) East Rock;
(b) Edwin Rock.
Part 3—Amendments affecting boundary descriptions
Whitsundays Plan of Management 1998
5 Schedule 6
Repeal the Schedule, substitute:
Schedule 6—Significant bird sites
Note: See the definition of significant bird site in Schedule 9.
1 Bird Island significant bird site
The Bird Island significant bird site is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Bird Island significant bird site | |
| Item | Description |
| 1 | The point 20°05.191′S 148°52.102′E |
| 2 | East along the parallel 20°05.191′S to longitude 148°52.440′E |
| 3 | South along the meridian 148°52.440′E to latitude 20°05.612′S |
| 4 | West along the parallel 20°05.612′S to longitude 148°52.102′E |
| 5 | North along the meridian 148°52.102′E to the starting point |
2 East Rock significant bird site
The East Rock significant bird site is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| East Rock significant bird site | |
| Item | Description |
| 1 | The point 20°19.996′S 148°51.488′E |
| 2 | East along the parallel 20°19.996′S to longitude 148°51.789′E |
| 3 | South along the meridian 148°51.789′E to latitude 20°20.294′S |
| 4 | West along the parallel 20°20.294′S to longitude 148°51.488′E |
| 5 | North along the meridian 148°51.488′E to the starting point |
3 Edwin Rock significant bird site
The Edwin Rock significant bird site is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Edwin Rock significant bird site | |
| Item | Description |
| 1 | The point 20°07.411′S 148°36.615′E |
| 2 | East along the parallel 20°07.411′S to longitude 148°36.897′E |
| 3 | South along the meridian 148°36.897′E to latitude 20°07.692′S |
| 4 | West along the parallel 20°07.692′S to longitude 148°36.615′E |
| 5 | North along the meridian 148°36.615′E to the starting point |
4 Eshelby Islands significant bird site
The Eshelby Islands significant bird site is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Eshelby Islands significant bird site | |
| Item | Description |
| 1 | The point 20°00.480′S 148°36.962′E |
| 2 | East along the parallel 20°00.480′S to longitude 148°38.400′E |
| 3 | South along the meridian 148°38.400′E to latitude 20°01.920′S |
| 4 | West along the parallel 20°01.920′S to longitude 148°36.962′E |
| 5 | North along the meridian 148°36.962′E to the starting point |
5 Armit Island (southern beach only) significant bird site
The Armit Island (southern beach only) significant bird site is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Armit Island (southern beach only) significant bird site | |
| Item | Description |
| 1 | The point 20°06.347′S 148°38.670′E |
| 2 | East along the parallel 20°06.347′S to the intersection of the Armit Island (20‑022c) coastline at mean low water and the parallel 20°06.347′S (at the point closest to 20°06.347′S 148°38.795′E) |
| 3 | Generally easterly along the Armit Island (20‑022c) coastline at mean low water to the intersection of the Armit Island (20‑022c) coastline at mean low water and the meridian 148°39.130′E (at the point closest to 20°06.449′S 148°39.130′E) |
| 4 | East along the parallel 20°06.449′S to longitude 148°39.211′E |
| 5 | South along the meridian 148°39.211′E to latitude 20°06.533′S |
| 6 | West along the parallel 20°06.533′S to longitude 148°38.670′E |
| 7 | North along the meridian 148°38.670′E to the starting point |
6 Double Cone Island (western island only) significant bird site
The Double Cone Island (western island only) significant bird site is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Double Cone Island (western island only) significant bird site | |
| Item | Description |
| 1 | The point 20°06.201′S 148°42.375′E |
| 2 | East along the parallel 20°06.201′S to longitude 148°42.773′E |
| 3 | South along the meridian 148°42.773′E to latitude 20°06.902′S |
| 4 | West along the parallel 20°06.902′S to longitude 148°42.375′E |
| 5 | North along the meridian 148°42.375′E to the starting point |
7 Grassy Island (southern beach only) significant bird site
The Grassy Island (southern beach only) significant bird site is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Grassy Island (southern beach only) significant bird site | |
| Item | Description |
| 1 | The intersection of the Grassy Island (20‑030) coastline at mean low water and the meridian 148°36.437′E (at the point closest to 20°08.922′S 148°36.437′E) |
| 2 | South along the meridian 148°36.437′E to latitude 20°09.250′S |
| 3 | West along the parallel 20°09.250′S to the intersection of the Grassy Island (20‑030) coastline at mean low water and the parallel 20°09.250′S (at the point closest to 20°09.250′S 148°36.077′E) |
| 4 | Generally north‑easterly along the Grassy Island (20‑030) coastline at mean low water to the starting point |
8 Armit Islets (No 1) significant bird site
The Armit Islets (No 1) significant bird site is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Armit Islets (No 1) significant bird site | |
| Item | Description |
| 1 | The point 20°06.410′S 148°39.211′E |
| 2 | East along the parallel 20°06.410′S to longitude 148°39.717′E |
| 3 | South along the meridian 148°39.717′E to latitude 20°06.905′S |
| 4 | West along the parallel 20°06.905′S to longitude 148°39.211′E |
| 5 | North along the meridian 148°39.211′E to the starting point |
9 Olden Rock (south of Olden Island) significant bird site
The Olden Rock (south of Olden Island) significant bird site is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Olden Rock (south of Olden Island) significant bird site | |
| Item | Description |
| 1 | The point 20°06.291′S 148°34.396′E |
| 2 | East along the parallel 20°06.291′S to longitude 148°34.775′E |
| 3 | South along the meridian 148°34.775′E to latitude 20°06.576′S |
| 4 | West along the parallel 20°06.576′S to longitude 148°34.396′E |
| 5 | North along the meridian 148°34.396′E to the starting point |
10 Shaw Island (beach east of Burning Point) significant bird site
The Shaw Island (beach east of Burning Point) significant bird site is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| Shaw Island (beach east of Burning Point) significant bird site | |
| Item | Description |
| 1 | The point 20°30.452′S 149°02.875′E |
| 2 | East along the parallel 20°30.452′S to the intersection of the Shaw Island (20‑102a) coastline at mean low water and the parallel 20°30.452′S (at the point closest to 20°30.452′S 149°03.108′E) |
| 3 | Generally south‑westerly along the Shaw Island (20‑102a) coastline at mean low water to the intersection of the Shaw Island (20‑102a) coastline at mean low water and the meridian 149°02.875′E (at the point closest to 20°30.609′S 149°02.875′E) |
| 4 | North along the meridian 149°02.875′E to the starting point |
11 South Repulse Island (western beach only) significant bird site
The South Repulse Island (western beach only) significant bird site is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.
| South Repulse Island (western beach only) significant bird site | |
| Item | Description |
| 1 | The point 20°36.774′S 148°51.922′E |
| 2 | East along the parallel 20°36.774′S to longitude 148°52.146′E |
| 3 | South along the meridian 148°52.146′E to the intersection of the South Repulse Island (20‑210) coastline at mean low water and the meridian 148°52.146′E (at the point closest to 20°36.822′S 148°52.146′E) |
| 4 | Generally south‑westerly along the South Repulse Island (20‑210) coastline at mean low water to the intersection of the South Repulse Island (20‑210) coastline at mean low water and the meridian 148°51.922′E (at the point closest to 20°36.942′S 148°51.922′E) |
| 5 | North along the meridian 148°51.922′E to the starting point |
Schedule 3—Amendments relating to aircraft taxiing near Whitehaven Beach
Part 1—Amendments of provisions other than enforcement provisions
Whitsundays Plan of Management 1998
1 Subparagraphs 1.32(13)(a)(ii) and (15)(a)(ii)
Omit “subclause 2.7(1)”, substitute “subclauses 2.7(1) and (1A)”.
Part 2—Amendments of enforcement provisions
Whitsundays Plan of Management 1998
2 After subclause 2.7(1)
Insert:
(1A) However, a person may taxi an aircraft by the most direct and reasonable route (in either direction) between the regular aircraft landing area within the Whitehaven Beach, Whitsunday Island Location and the landward edge of that Location south‑east of that regular aircraft landing area.
Schedule 4—Amendments commencing 1 January after the commencement of Schedule 1
Whitsundays Plan of Management 1998
1 Schedule 9
Insert:
each year means each calendar year.
2 Schedule 9 (definition of year)
Repeal the definition.
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